M/S. SAHARA INDIA Vs. AMARENDRA KUMAR SINGH
M/S. Sahara India
Amarendra Kumar Singh
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Prem Narain, J. -
(1.) This revision petition has been filed by the petitioner M/s. Sahara India against the order dated 07.02.2019 of the State Consumer Disputes Redressal Commission, M.P. (in short 'the State Commission') passed in FA No.1034 of 2012.
(2.) The brief facts of the case are that on 28.05.2001 Smt. Prem Kumari Devi, wife of the respondent had purchased bond under Sahara-T Scheme vide receipt no.3854037483 at Branch Office, Seedhi under the scheme floated by the Company. She nominated Dr. Amrendra Kr. Singh (husband) as her nominee. On 01.01.2008, Pan Kumari i.e., wife of the respondent expired. On 19.08.2010, the respondent filed the complaint case No.98 of 2010 against the petitioner seeking a direction for a total payment of Rs.92,000/-, Rs.42,000/- as Death Help Loan and Rs.50,000/- as compensation. On 20.01.2011, the petitioner filed an application under Section 8(1) of the Arbitration and Conciliation Act, 1996 praying for dropping the complaint case No.98 of 2010 in view of existence of arbitration clause. On 22.02.2011, the petitioner filed the preliminary objection/written statement in reply to the complaint. On 24.02.2012, District Consumer Complaint Redressal Forum, Seedhi, (in short 'the District Forum') passed the following order:-
"12. Thus, the complaint of the complainant is accepted, and the following order is passed against the respondent:
(a) The respondent should, within 2 months, pay the sum of Rs.42000/- to the nominee as Death Health amount and also pay simple interest at 8% per annum on the said amount from the death of Mrs. Pan Kumari on 1/1/2008 until the payment date.
(b) The respondent should pay sum of Rs.3000/- to the complainant as compensation for mental stress, and Rs.2000/- additionally as expenses for the case, and also pay simple interest at 8% per annum on these amounts from the date of case, 19/8/2010 until date of payment."
(3.) On 26.03.2012, appeal No.1034 of 2012 was filed by the petitioner before the State Commission assailing order dated 24.02.2012. On 07.02.2019 the State Commission dismissed the appeal.;
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